Convicted Theranos fraudster Elizabeth Holmes must begin serving her 11-year prison term as scheduled later this month after a federal judge rejected her bid to remain free while she appeals.
US District Judge Edward Davila determined that even if Holmes won her appeal challenging the admission of evidence regarding the accuracy of Theranos’ blood-testing machines, it was unlikely to result in a complete reversal or new trial in her case.
“Contrary to her suggestion that accuracy and reliability were central issues to her convictions, Ms. Holmes’ misrepresentations to Theranos investors involved more than just whether Theranos technology ‘work[ed] as promised.’” Davila wrote.
Davila’s ruling capped a lengthy dispute between the feds and Holmes’ legal team, which had argued she should remain free because her appeal would raise “substantial issues” about her conviction that could result in a new trial.
Last year, Holmes was sentenced to more than 11 years in prison for lying to Theranos’ investors about the efficacy of her once-booming startup’s blood-testing technology and finances. The mother of two is slated to report to prison on April 27.
In his ruling, Davila also weighed in on a bombshell allegation from prosecutors alleging that Holmes was a flight risk because she and her partner, William Evans, had booked a one-way trip to Mexico weeks before the jury reached a verdict in her case.
The feds had argued that Holmes was a flight risk who had attempted to flee the country. AP
“Booking international travel plans for a criminal defendant in anticipation of a complete defense victory is a bold move, and the failure to promptly cancel those plans after a guilty verdict is a perilously careless oversight,” the judge said in the filing.
In a January court filing, the feds described the trip as an “attempt to flee the country” and alleged that Holmes only nixed the plan after contact with prosecutors.
Holmes’ team pushed back, describing the claim as “baseless” and asking Davila to strike it from records. They said Holmes and Evans had booked the trip to attend a friend’s wedding.
Elizabeth Holmes is attempting to overturn her conviction.REUTERS
Elizabeth Holmes is slated to report to prison later this month.Getty Images
Davila said he determined that Holmes’ purchase of the one-way ticket, “while ill-advised,” was not an attempt to flee the country,” as the prosecution had argued.
“Ms. Holmes has presented evidence that she made no attempt to flee, the court retains custody of her expired passport, her appearance is secured by a $500,000 bond on her parents’ home, and she has strong ties to the community, including two very young children,” Davila added.
As The Post reported, Holmes’ lawyers had cited the recent birth of her second child as evidence that she was not a flight risk. Holmes had been visibly pregnant during a failed earlier bid to throw out her conviction last year.
Holmes’ stunning fall from grace occurred after reports revealed that Theranos’ machines could not perform many of the functions that she claimed. At one point, the medical tech startup drew a whopping $9 billion valuation.
Source link: https://nypost.com/2023/04/11/theranos-fraudster-elizabeth-holmes-must-begin-prison-stint-during-appeal/